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HomeMy WebLinkAbout13-6616 • Supreme Court of Pennsylvania Cour ec Com °' 'I Pleas For Prothonotary Use Only o et CU l ' "AN 1 County Docket N The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. 5 Commencement of Action: ❑x Complaint ❑ Writ of Summons ❑Petition E` ❑ Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: WELLS FARGO BANK,N.A. Lead Defendant's Name: GARY SMITH T I Are money damages requested? ❑ Yes © No Dollar Amount Requested: ❑ within arbitration limits (Check one) © outside arbitration limits N Is this a Class Action Suit? ❑ Yes © No Is this an MDJ Appeal? ❑ Yes © No A Name of Plaintiff/Appellant's Attorney. John D.Krohn,Esq.,Id.No.312244,Phelan Hallinan,LLP ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ❑Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑ Board of Elections ❑Nuisance ❑Dept. of Transportation ❑Premises Liability ❑ Statutory Appeal:Other ❑Product Liability(does not include mass tort) ❑Employment Dispute: ❑ Slander/Libel/Defamation Discrimination E ❑Other: ❑Employment Dispute: Other ❑Zoning Board C ❑Other: T MASS TORT ❑Other: Q ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑Ejectment ❑Common Law/Statutory Arbitration B ❑ Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑ Quiet Title ❑Other: ❑Medical ❑Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF John D. Krohn, Esq., Id. No. 312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WELLS FARGO BANK,N.A. 3476 STATEVIEW BOULEVARD CIVIL DIVISION FORT MILL, SC 29715 /31,1P/144 Plaintiff, NO.: vs. GARY SMITH, in his capacity as Executor of the Estate of MICHAEL P. ENGELS 6577 WILLOWBOTTOM RD HICKORY,NC 28602-9279 MARY DIANNE ENGLES, in her capacity as Trustee of the ENGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS 134 BRER FOX TRL TROUTMAN,NC 28166-7613 THE ENGLES REVOCABLE LIVING TRUST OF rr-t T, 2008 "1 1512 CHATHAM ROAD `n� co CAMP HILL, PA 17011-6022 4 =- (-) CDff, THE UNKNOWN BENEFICIARIES OF THE v s ENGLES REVOCABLE LIVING TRUST OF 2008 _ 1512 CHATHAM ROAD CAMP HILL, PA 17011-6022 Defendants. CIVIL ACTION—COMPLAINT IN MORTGAGE FORECLOSURE And now comes WELLS FARGO BANK,N.A., by its attorneys, Phelan Hallinan, LLP and files this Complaint in Mortgage Foreclosure as follows: d'e S / 062-PA-V3 /310 ,c/� ag7eigi 1. The Plaintiff is WELLS FARGO BANK, N.A., 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter "plaintiff'). 2. The Defendant, GARY SMITH, in his capacity as Executor of the Estate of MICHAEL P. ENGELS, is an individual whose last known address is 6577 WILLOWBOTTOM RD, HICKORY,NC 28602-9279. 3. The Defendant, MARY DIANNE ENGLES, in her capacity as Trustee and Devisee of the Estate of MICHAEL P. ENGELS, is an individual whose last known address is 134 BRER FOX TRL, TROUTMAN,NC 28166-7613. 4. The Defendants, THE ENGLES REVOCABLE LIVING TRUST OF 2008 and THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008, are individuals whose last known address are 1512 CHATHAM ROAD, CAMP HILL,PA 17011-6022. 5. WELLS FARGO BANK, N.A., directly or through an agent, has possession of the Promissory Note. WELLS FARGO BANK, N.A. is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit "A", attached hereto and made a part hereof. 6. On or about September 30, 2008, MICHAEL P. ENGELS, By His Attorney in Fact Michael K. Engels made, executed and delivered to WELLS FARGO BANK, N.A. a Mortgage in the original principal amount of$179,910.00 on the premises described in the legal description marked Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 200833394. The Mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 7. Plaintiff is the current Mortgagee. 8. Mortgagor MICHAEL P. ENGELS died on 09/28/2012, leaving a Will dated 03/13/2008. Letters Testamentary were granted to GARY SMITH on 10/23/2012 in IRDELL 062-PA-V3 COUNTY INC, No. 12E913. The Decedent's surviving devisee(s) is/are MARY DIANNE ENGLES. Filed with the Last Will and Testament is the ENGLES REVOCABLE LIVING TRUST OF 2008. MARY DIANNE ENGLES IS THE SURVIVING TRUSTEE OF THE TRUST. THE BENEFICIARES OF THE TRUST ARE UNKNOWN. 9. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due January 1, 2013. 10. As of 10/22/2013, the amount due and owing Plaintiff on the mortgage is as follows: Principal $169,923.89 Interest From 12/01/2012 to 10/22/2013 $9,272.01 Late Charges $218.64 Escrow Advance $1,703.18 Property Inspections $45.00 Property Preservation $0.00 BPO/Appraisal $0.00 Escrow Balance $0.00 Corporate Advance Credit $0.00 Total $181,162.72 plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 11. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 12. The mortgage premises are vacant and abandoned. 13. Plaintiff does not hold the named Defendants, GARY SMITH and MARY 062-PA-V3 DIANNE ENGLES, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). 14. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of$181,162.72, with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. By: Date: John D. Kro sq., Id. No. 312244 Attorney for aintiff 062-PA-V3 Exhibit "A" NOTE SEPTEMBER 30, 2008 [Date] ICilyl (Stahel 1512 CHATHAM ROAD, CAMP HILL, PA 17011 [Property Address( 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U.S. $ 179,910.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is WELLS FARGO BANK, N.A. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.125 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the FIRST day of each month beginning on NOVEMBER 01, 2008 . I will make these payments every month until [have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. lf, on OCTOBER 01, 2038 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at WELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ 071014701 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will he in the amount of U.S. $ **1,093.15 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 1:1D©5N t000st Form 3200 1/01 VMP MORTGAGE FORMS-1800)521-7201 Pape 1 of 3 Mitial�li 5. LOAN CHARGES if a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a)any such luau charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (h) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will he treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, i will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. i will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default, (C) Notice of Default If i am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid hack by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must he given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if i give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 3200 1/01 CDm 5N moos) Page 2 of 3 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note. protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may he required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these suns prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. 0 / /' j/ // JL • UMW (Seal) (Seal) MICHAEL •"EN , By His ' orney -Borrower -Borrower in Fact Michael K. Engels • (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Burrower (Seal) (Seal) -Borrower -Borrower WITHOUT RECOURSE "— t Original Only/ PAY TO THE ORDER OF WELL FARGO BANK,N.A. BY /fl 11h1 JOA .MILLS,VICE PRESIDENT tlE)0-5N 10005) Pape 3 of 3 Form 3200 1/01 Exhibit "B" LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Highland Park, Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northerly line of Chatham Road on the dividing line between Lots Nos. 25 and 26 on the hereinafter mentioned Plan of Lots;thence in a northeasterly direction along said dividing line, 125 feet to a point;thence in a southeasterly direction on a line parallel with Chatham Road, 55 feet to Lot No. 27 on said Plan;thence in a southwesterly direction along said Lot No. 27, 125 feet to Chatham Road; and thence along Chatham Road in a northwesterly direction, 55 feet to the place of BEGINNING. BEING Lot No. 26, Block "A" on the Revised Plan of Highland Park as recorded in the Cumberland County Recorder's Office in Plan Book No. 3,Page 95. HAVING thereon erected a single brick and frame dwelling house. PROPERTY ADDRESS: 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022 PARCEL#13-23-0547-060 File#: 816927 VERIFICATION Darren O1lam,hereby states that]Jshe is Vice President Loan Documentation of WELLS FARGO BANK,N.A., plaintiff in this matter, that&she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of0/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. __ —C) - Name: Darren 011am Title: Vice President Loan Documentation Company: Wells Fargo Bank,N.A. Date: 11/04/2013 086-PA-V2 File#:816927 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 816927 FORM 1 • • IN THE COURT OF COMMON PLEAS WELLS FARGO BANK,N.A. • OF CUMBERLAND COUNTY,PENNSVAIA �. , ". Plaintiff(s) • a ` - . • vs. • • -11. GARY SMITH,in his capacity as Executor of the • Estate of MICHAEL P.ENGELS; • MARY DIANNE ENGLES,in her capacity as Trustee of the ENGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P.ENGELS; THE ENGLES REVOCABLE LIVING TRUST OF 2008; 1 THE UNKNOWN BENEFICIARIES OF THE I „ I /� ENGLES REVOCABLE LIVING TRUST OF 2008 I /J ( •�/ Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)2439400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the lgal representative with all requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative willprepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested fmancial information so that a loairesolution proposal can be prepared on your behalf.If you and your lawyer complete a fmancial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: VITA?Date John D. ohn,Esq.,Id.No.312244 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUS'IO Il:R/PRIi1IAR\' APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROW ER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INF 0R11A"I ION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No❑ If yes, provide names, location of court, case number& attorney: Assets Amount Owed: Value: Home: Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles, boats,motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes ❑ No ❑ If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes,please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 4 T c Lam_Grra tE Sheriff rYt � "luuty„, ���ROTI40 ffko Jody S Smith �U. i3. Chief Deputy ,' r .6r`f Richard W Stewart � I � E� � � Solicitor oFmE, F THE S'`_"'irr PENPdS YLVANIA Wells Fargo Bank, NA Case Number vs. 2013-6616 Gary Smith (et al.) SHERIFF'S RETURN OF SERVICE 11/15/2013 02:33 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gary Smith, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1512 Chatham Road, Lower Allen, Camp Hill, PA 17011. Residence is vacant. 11/15/2013 02:33 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Mary Engles, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found”at 1512 Chatham Road, Lower Allen, Camp Hill, PA 17011. Residence is vacant. 11/15/2013 02:33 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:The Engles Revocable Living Trust of 2008, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1512 Chatham Road, Lower Allen, Camp Hill, PA 17011. Residence is vacant. 11/18/2013 Ronny R Anderson, Sheriff,who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Mary Engles, in the following manner: On November 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 134 Brer Fox Trail, Troutman, NC 28166.The certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by Mary Engles on November 23, 2014 (date per USPS.com). 11/18/2013 Ronny R Anderson, Sheriff,who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Gary Smith, in the following manner: On November 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 6577 Willow Bottom Road, Hickory, NC 28602. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by an Adult in Charge (signature illegible)on November 25, 2013. SHERIFF COST: $96.29 SO ANSWERS, December 02, 2013 RONN(R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft.Inc. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig item 4 If Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse X �' / Mr ❑Addressee so that we can return the card to you. B. ��. n fin Name) C. Date of Delivery • Attach this card to the back of the mailpiece, `•, or on the front if space permits. D. Is delivery address differ&nt from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Gary Smith 6577 Willow Bottom Road 62013-(0610 LA-nn) _ Hickory, NC 28602 3. Service Type 0 Certified Mall 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number -r r 4860 (Transfer from service label) 7 007 0710 0003 2 210 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature 6 item 4 if Restricted Delivery is desired. X All G �"" p Agent sea ■ Print your name and address on the reverse _ so that we can return the card to you. -ived b,(- Namrt C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivz address different fro z 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Mary Engles 134 Brer Fox Trail c›b/3 (,(p/ (p (4-n Troutman, NC 28166 — _ 3. Service Type 0 Certified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. (Transfer from 7007 0710 0003' 2210 4877 (rmnsfer from service la PS Form 3811,February 2004 - Domestic Return Receipt 102595-02-M-1540 PHELAN HALLINAN,LLP .,I 1 E 13- .1 F t'E tl`::. Meredith Wooters,Esq.,Id.No.307207 U1' THE PROTHONOTAr, 1617 JFK Boulevard,Suite 1400 • One Penn Center Plaza 2q 13 DEC 1 6 AN 10: 16 Philadelphia,PA 19103 Meredith.Wooters @phelanhallinan.com CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA WELLS FARGO BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY • GARY SMITH, in his capacity as Executor of the : No. 13-6616-CIVIL Estate of MICHAEL P. ENGELS MARY DIANNE ENGLES, in her capacity as : Trustee of the ENGLES REVOCABLE LIVING : TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS THE ENGLES REVOCABLE LIVING TRUST OF 2008 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HAWN A N,LLP By: _�_�_� I/ Meredith Wooters,Esq., Id. o.307207 Attorney for Plaintiff Date: d 13 13 //rim, Svc Dept. S. File#816927 n P1/4K7k eAsk• 11—M?i(40 lJ�- ki AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#816927 DEFENDANT SERVICE TEAM/mig GARY SMITH COURT NO.:13-6616-CIVIL MARY DIANNE ENGLES THE ENGLES REVOCABLE L IVLNG TRUST OF 2008 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 SERVE GARY SMITH AT: TYPE OF ACTION C 6577 WILLOWBOTTOM RD XX Mortgage Foreclosure r- �' HICKORY,NC 28602-9279 XX Civil Action G ',.-r:; Q --- � SERVED n 't.- Served and made known to GARY SMITH,Defendant on thek day orD r.. kre ,20 Al at �tG' 3:Mtn? ,o'clock p.M.,at S1i LLe..r 6. �.. R.i Helm ,in the manner described below: ..4".. „ C.-n X Defendant personally served. Tv c =9(o o f om ' __Adult family member with whom Defendant(s)reside(s). 'V Cl ..r d t'7 Relationship is c,, -• 77. _Adult in charge of Defendant's residence who refused to give name or relationship. 37% _ Manager/Clerk of place of lodging in which Defendant(s)reside(s). ,,r; _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: . Description: Age �lR Height$ 4 Weight 110._ ..Race W Sex n_Other bald . o,t►as oy,..✓ a competent adult, being duly sworn according to law, depose and state that I personally handed a true a correct copy of the Foreclosure Complaint in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. �lillsOA BR O Sworn to and sub c.ibed `BOAS'. ••2:. before:'e this b day �:NOTARY\ of rnb2t ,2013. ■ Notary:0.m,l .Ia Exti.w.44 Bv: nc,y ao t 14 • uBt-. :2' !� NOT SERVE-$'1 G,Q' =�� On the day of 2t}_,at o'clock M..I, �t G�NP0 t adult hereby state that DefendanOT FOUND because: �')Afailfit11 _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at , at Service Refused Other: Sworn to and subscribed before inc this day of ,20, - By: Notary: ATTORNEY FOR PLALNTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtcnay R.Dunn,Esq.,Id.No.206779 • Francis S.Hallinan,Esq.,Id.No.62695 Mario J.Hanyon,Esq.,Id.No.203993 Daniel G.Schmieg,Esq.,Id.No.62205 John M.Kolesnik,Esq.,Id.No.308877 Michele M.Bradford,Esq.,Id.No.69849 Matthew G.Brushwood,Esq.,Id.No.310592 Judith T.Romano,Esq.,id.No.58745 Zachary J.Jones,Esq..Id.No.310721 Jenine R.Davey,Esq. Id.No.87077 Justin F.Kobeski,Esq.,Id.No.200392 Lauren R.Tabas,Esq.,Id.No.93337 Adam Davis,Esq.,Id.No.203034 Jay B.Jones,Esq..Id.No.86657 Joseph E.DeBarberie,Esq.,Id.No.315421 Andrew L.Sptvack.Esq.,Id.No.84439 One Penn Center at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 Philadelphia,PA 19103-1814 Process Server Check List If Service Is Made : Spouses Names if Applicable Wife : Vf$ spA -�Q 9�vs ..>atr►e Husband: Divorced: Yes ( ) No ( > )• No Service Made 1 . Vacant : Yes ( No ( ) • 2 . Is there a name on the mailbox? Is it the defendants? 3 . Neighbor Contact : Yes ( ) No ( } Left Side : Right Side : 4 . For Sale Sign: Yes ( ) No , ) Realtor Name : Company Name : Phone Number: 5 . Car in Drive Way Yes ( ) No Plate Number: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff v Jody S Smith Chief Deputy ' Richard W Stewart i_ ] °4 V U� Solicitor �lY JP Wells Fargo Bank, NA Case Number vs. Gary Smith (et al.) 2013-6616 SHERIFF'S RETURN OF SERVICE 12/19/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Unknown Beneficiaries of the Engles Revocable Living Trust of 2008, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 1512 Chatam Road, Lower Allen, Camp Hill, PA 17011. Residence is vacant. SHERIFF COST: $49.95 SO ANSWERS, F December 19, 2013 RON R ANDERSON, SHERIFF AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK,N.A. PH#816927 DEFENDANT SERVICE TEAM/rnig GARY SMITH COURT NO.: 13-6616-CIVIL r MARY DIANNE ENGLES THE ENGLES REVOCABLE LIVING TRUST OF 2008 THE UNKNOWN BENEFICIARIES OF THE ENGLES ; REVOCABLE LIVING TRUST OF 2008 SERVE MARY DIANNE ENGLES AT: TYPE OF ACTION ° �- 134 BRER FOX TRL XX Mortgage Foreclosure TROUTMAN,NC 28166-7613 XX Civil Action .t _ SERVED -~ c Served and made known to MARY DIANNE ENGLES,Defendant on the-day of e,& 20 , -- , Z: o'clock P.M.,at 13!K $/�✓ �ov r1--1. in the manner described below: Defendant personally served. -i",06gC&W, Klc� Q Adult family member with whom Defendant(s)reside(s). ✓'- Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). —Ara or person in charge of Defendant's office or usual place of business. _ at officer of said Defendant's company. L/Other: o a e •� /. O t�, /I we- . Description: Age Height Weight Race Sex Other I,"ae Va dlkLyej a competent adult,being duly sworn.according to law,depose and state that I personally handed a tine and correct copy of the Foreclosure Complaint in the manner asset forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub c ibed before this y of 20'L� Notary `I"ff By: AweU ^ NOT SERVED On the da of ,20_,at o'clock_.M.,I, ,a competent adult hereby state that ant 11 DefendbT�Otl6ecause: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) t/No Answer on.2-6-t atJ� , -2- -!Y at Service Refused Other. Sworn to and subscribed before me this day of ,20_. By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Mario J.Hanyon,Esq.,Id,No.203993 ' Daniel G.Schmieg,Esq.,ld.No.62205 John M.KoIesnik,Esq.,Id.No.308877 MINE Michele M.Bradford,Esq.,Id.No.69849 Matthew G.Brushwood,Esq.,Id.No.310592 �♦ P. S �I� Judith T.Romano,Esq.,Id.No.58745 Zachary J.Jones,Esq.,Id.No.310721 Jenine R.Davey,Esq.,Id.No.87077 Justin F.Kobeski,Esq.,Id.No.200392 y ^ RY • Lauren R.Tabas,Esq.,Id.No.93337 Adam Davis,Esq.,Id.No.203034 ZA �+ oz Jay B.Jones,Esq.,Id.No.86657 Joseph E.DeBarberie,Esq.,Id.No.31542I Z Andrew L.Spivack,Esq.,Id.No.84439 One Penn Center at Suburban Station i �G 1617 John F.Kennedy Blvd., Suite 1400 i PUIDO Philadelphia,PA 19103-1814 �/9 I X00;�- us GOJ�♦ 9 VIP" Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. H NO TAO 21114 MAR 1 At" 10; 37 CUMBERLAND COUNT Y PENNS YL VA NIA GARY SMITH, in his capacity as Executor of the Estate of MICHAEL P. ENGELS MARY DIANNE ENGLES, in her capacity as Trustee of the ENGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS THE ENGLES REVOCABLE LIVING TRUST OF 2008 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 13-6616-CIVIL MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants, MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS, THE ENGLES REVOCABLE LIVING TRUST OF 2008 and THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008, by first class mail to MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS, THE ENGLES REVOCABLE LIVING TRUST OF 2008, and THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 at the mortgaged premises, 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022, and to MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING 816927 TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS, at 134 BRER FOX TRL, TROUTMAN, NC 28166 -7613; posting of the mortgaged premises, 1512 CHATHAM ROAD, CAMP HILL, PA 17011 -6022; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers the following: 1. Attempts to serve Defendants, MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS, THE ENGLES REVOCABLE LIVING TRUST OF 2008 and THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008, personally with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendants at the mortgaged premises, 1512 CHATHAM ROAD, CAMP HILL, PA 17011 -6022. As indicated by the Return of Service, no service was made as said address is vacant. A true and correct copy of the Return of Service is attached hereto, made part hereof, and marked as Exhibit "A ". 2. The Plaintiffs Process Server attempted to serve the Defendant, MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS, at 134 BRER FOX TRL, TROUTMAN, NC 28166 -7613. As indicated by the Affidavit of Service, no service was made as there was no response to the attempts made by the Plaintiffs Process Server. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, and marked as Exhibit "B ". 3. The Plaintiffs Process Server attempted to serve the Defendant, MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P ENGELS, at 6577 WILLOWBOTTOM RD, HICKORY, NC 28602 -9279. As indicated by the Affidavit of Service, no service was made as the 816927 Defendant does not reside at said address. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, and marked as Exhibit "C ". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. A true and correct copy of an affidavit of due diligence setting forth the specific inquiries as to the Defendants' whereabouts and the results thereof is attached hereto, made part hereof, and marked as Exhibit "D ". 5. Plaintiff contacted the Prothontary's Office and as of February 27, 2014, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.2(d), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on February 28, 2014 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs February 28, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.2(d) attached hereto, made part hereof, and marked Exhibit "E ". 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendants to bring loan current. 8. Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. 816927 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Date: Respectfully submitted, PHELAN HALL I AN, LLP By: Phel allinan, LLP Jona M. Etkowicz, Esq., Id. No.208786 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 816927 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 WELLS FARGO BANK, N.A. Plaintiff vs. GARY SMITH, in his capacity as Executor of the Estate of MICHAEL P. ENGELS MARY DIANNE ENGLES, in her capacity as Trustee of the ENGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS THE ENGLES REVOCABLE LIVING TRUST OF 2008 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 13 -6616 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT I. FACTUAL BACKGROUND Attempts to serve Defendants, MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS, THE ENGLES REVOCABLE LIVING TRUST OF 2008 and THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008, with the Complaint have been unsuccessful. The Sheriff of CUMBERLAND County attempted to serve the Defendants at the mortgaged premises, 1512 CHATHAM ROAD, CAMP HILL, PA 17011- 6022. The Plaintiffs Process Server attempted to serve the Defendant, MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS, at 134 BRER FOX TRL, TROUTMAN, NC 816927 28166 -7613 and 6577 WILLOWBOTTOM RD, HICKORY, NC 28602 -9279. As indicated by the Return of Service and the Affidavit of Service, no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by the affidavit of due diligence setting forth the specific inquiries as to the Defendants' whereabouts and the results thereof. Further, Plaintiff's counsel has reviewed its internal records and has not been contacted by the Defendants to bring loan current. Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such 816927 proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the Return of Service and the Affidavit of Service, the Sheriff and the Plaintiffs Process Server have been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by the affidavit of due diligence. Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. III. CONCLUSION As indicated by the Return of Service and the Affidavit of Service, the Sheriff and the Plaintiffs Process Server have been unable to serve the Complaint upon the Defendants. Plaintiff has made a good faith effort to discover the whereabouts of the Defendants as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. Respectfully submitted, PHELAN HALL f AN, LLP Date: ✓ 0 1 By: Jonath . Etkowicz, Esq., Id. No.208786 Attorne for Plaintiff 816927 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 WELLS FARGO BANK, N.A. Plaintiff vs. GARY SMITH, in his capacity as Executor of the Estate of MICHAEL P. ENGELS MARY DIANNE ENGLES, in her capacity as Trustee of the ENGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS THE ENGLES REVOCABLE LIVING TRUST OF 2008 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 13-6616-CIVIL CERTIFICATION OF SERVICE The undersigned hereby certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. GARY SMITH, in his capacity as Executor of the Estate of MICHAEL P. ENGELS 6577 WILLOWBOTTOM RD HICKORY, NC 28602 -9279 MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS 134 BRER FOX TRL TROUTMAN, NC 28166 -7613 MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS 1512 CHATHAM ROAD CAMP HILL, PA 17011 -6022 THE ENGLES REVOCABLE LIVING TRUST OF 2008 1512 CHATHAM ROAD CAMP HILL, PA 17011 -6022 816927 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 1512 CHATHAM ROAD CAMP HILL, PA 17011 -6022 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN H: , L I r • N, LLP Date: -3/10/1 V By: Jon ; than tkowicz, Esq., Id. No.208786 Attu me for Plaintiff 816927 EXHIBIT A Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY (.@yat• at CNN N41%4e orrice OF THE SHERIFF Wells Fargo Bank, NA Case Number vs. Gary Smith (et al.) 2013 -6616 SHERIFF'S RETURN OF SERVICE 11/15/2013 02:33 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gary Smith, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 1512 Chatham Road, Lower Men, Camp Hill, PA 17011. Residence is vacant. 11/15/2013 02:33 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Mary Engles, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 1512 Chatham Road, Lower Allen, Camp Hill, PA 17011. Residence is vacant. 11/15/2013 02:33 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Engles Revocable Living Trust of 2008, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 1512 Chatham Road, Lower Allen, Camp Hill, PA 17011. Residence is vacant. 11/18/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Mary Engles, in the following manner: On November 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 134 Brer Fox Trail, Troutman, NC 28166. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Mary Engles on November 23, 2014 (date per USPS.com). 11/18/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Gary Smith, in the following manner. On November 18, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 6577 Willow Bottom Road, Hickory, NC 28602. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by an Adult in Charge (signature illegible) on November 25, 2013. SHERIFF COST: $96:28' December 02, 2013 (c) CounlySulte Sheriff, Teleosoft Inc. SO ANSWERS, Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Wells Fargo Bank, NA vs. Gary Smith (et al.) Case Number 2013 -6616 SHERIFF'S RETURN OF SERVICE 12/19/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Unknown Beneficiaries of the Engles Revocable Living Trust of 2008, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 1512 Chatam Road, Lower Allen, Camp Hill, PA 17011. Residence is vacant. SHERIFF COST: $49.95 SO ANSWERS, December 19, 2013 RONNY ANDERSON, SHERIFF tC) CountySuite Sheriff, Teleosofl Inc. Exhibit "B" PLAINTIFF WELLS FARGO BANK, N.A. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 816927 SERVICE TEAM/ mig COURT NO.: 13- 6616 -CIVIL DEFENDANT GARY SMITH MARY DIANNE ENGLES THE ENGLES REVOCABLE LIVING TRUST OF 2008 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 SERVE MARY DIANNE ENGLES AT: 134 BRER FOX TRL TROUTMAN, NC 28166 -7613 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to MARY DIANNE ENGLES Defendant on the _ day of 20 _ , at , o'clock _, M., at , in the manner described below: _ Defendant personally served, _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager /Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of , 20 . Notary: By: NOT SERVE On the 7 clay of ec._. 201 at (1.(1Zo'clock.f,, M.,,I r1 jay„, a competent adult hereby state that Defendant NOT FOUND because: 4 s.S Vacant _ Does Not Exist " Moved _ Does Not Reside (Not Vacant) 7 _ 1 i — t'.42 7C. No Answer on tz- �t - t ?aat ° : �i. llwt re. :5-mot"': at .y : c r �tt. t2. — i — t 9 s�: t r-1,4-1 Service Refused t Other: Swont to and su ribed hcfQrg me this day , of U et._ 20 I3y:_ z , Lt.- ry: ATTORNEY FOR PLAINTIFF eiice T. Phelan, Esq., Id. No, 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id, No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No, 206779 Mario J. Hanyon, Esq., Id. No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Zachary J. Jones, Esq., Id. No. 310721 Justin F. Kobeski, Esq„ Id. No. 200392 Adam Davis, Esq., Id. No. 203034 Joseph E. DeBarberie, Esq., Id. No. 315421 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103 -1814 0 81! 4 T'roc.es Server Check `List If Service Is Made: Spouses Names if Applicable Wife: Husband: Divorced: Yes ( ) No No Service Made 1. Vacant: Yes ( ) No ( 2. Is there a name on the mailbox? Is it the defendants? 3. Neighbor Contact :Yes Left Side: Right Side: 4. For Sale Sign: Yes ( ) Realtor Name: Company Name: Phone Number: No (7>< Car in Drive Way Yes Plate Number: ( No (>c AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNT WELLS FARGO BANK, N.A. PH i? 816927 DEFENDANT SERVICE TEAM/ ink GARY SMITH COURT NO.: 13-6616-CIVIL MARY DIANNE ENGLES THE ENGLES REVOCABLE LIVLNG TRUST OF 2008 TIM UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 SERVE MARY DIANNE ENGLES AT: 6577 W LLOWBOTTOM RD HICKORY, NC 28602 -9279 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to MARY DIANNE ENGLES. Defendant on the day of , 20 , at o'clock . M., at :.in the manner described below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendants residence who refused to give name or relationship. Manager /Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company, • Other: Description: Age Height Weight Race Sex Other I.. , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ., 20 . Notary: By: NOT SERVEp On the 544 day of , 20 W, at 4.78o'clock f . M. I, infers -Liu./ competent adult hereby state that Defendant NOT 'FOLi beta e: Vacant _ Does Not Exist Moved . . Does Not Reside Not Vacant) No Answer on Service Refused Other: Sworn.. to and s • .b°f,-'re ATTORNEY FOR PLAL''ITIFF Lawrence T. Phelan, Esq., Id. No: 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schtnieg, Esq., Id. No. 62205 Z y / g Michele M. Bradford, Esq., Id. No. 69849 ' Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Mario J. Hanyon, Esq., Id. No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Zachary J. Jones, Esq., Id. No. 310721 Justin F. Kobeski, Esq., Id. No. 200392 Adam Davis, Esq., Id. Nc. 203034 Joseph E. Debarberie, Esq., Id. No. 315421 EMILY M. PHELAN, Esq., Id. No. 315250 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Process Server Check List If Service Is Made: Spouses Names if Applicable Wife: Husband: Divorced: Yes ) No No Service Made 1. Vacant: Yes ( ) No ) 2. Is there a name on the mailbox? Is it the defendants? 3. Neighbor Contact:Yes Left Side: Right Side: 4. For Sale Sign: Realtor Name: Company Name: Phone Number: No (X) Yes ( ) No ( ),( ) 5. Car in Drive Way Yes No (g. ) Plate Number: t 84.4„;sel 4 ko,--} Wf1 +nos e $ w4? Lutvefe act) izt 15 52.8- 4135% t. V 1•4 au) r* 0 -F. he 4. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 816927 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Gary Smith & Mary Dianne Engles Current Address: 6577 Willowbottom Road, Hickory, NC 28602 Property Address: 1512 Chatham Road, Camp Hill, PA 17011 Mailing Address: 6577 Willowbottom Road, Hickory, NC 28602 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Gary Smith - 528 -21 -xxxx Mary Dianne Engles - 238 -98 -xxxx B. EMPLOYMENT SEARCH Gary Smith & Mary Dianne Engles - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Gary Smith & Mary Dianne Engles reside(s) at: 1512 Chatham Road, Camp Hill, PA 17011. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Gary Smith reside(s) at: 6577 Willowbottom Road, Hickory, NC 28602 & Mary Dianne Engles reside(s) at: 134 Brer Fox Trail, Troutman, NC 28166. On 12 -13 -13 our office made a telephone call to the subject's phone number (828) 294 -3940 and received the following information: spoke with Gary Smith who confirmed that he & Mary Dianne Engles reside(s) at: 6577 Willowbottom Road, Hickory, NC 28602. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12 -13 -13 we reviewed the National Address database and found the following information: Gary Smith - 6577 Willowbottom Road, Hickory, NC 28602 & Mary Dianne Engles -134 Brer Fox Trail, Troutman, NC 28166. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. IV. OTHER INQUIRIES DEATH RECORDS As of 12-13-13 Vital Records and all public databases have no death record on file for Gary Smith & Mary Dianne Engles. V. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Gary Smith - not available Mary Dianne Engles - not available B. A.K.A. Gary Jene Smith Mary Dianne H. Engels; Mary Dianne Hollar * Our accessible databases have been checked and cross - referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the ; enalties of 18 Pa C' S 4904 relating to unworn falsification to authorities: The above information is obtained from available public records and we are only liable for the cost of the affidavit. Phelan. Hallin.an, LLP 1617 JFK. Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 Noe leen R. Urmson Ext. 1469 Representing Lenders in Service Department Pennsylvania February 2/, 2014 MARY DIANNE ENGLES, THE ENGLES REVOCABLE LIVING TRUST OF 2008 and THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 1512 CHATHAM ROAD CAMP HILL, PA 17011-6022 MARY DIANNE ENGLES 134 BRER FOX TRL TROUTMAN, NC 28166-7613 RE'. WELLS FARGO BANK, N.A. v. GARY SMITH, MARY DIANNE ENGLES, THE ENGLES REVOCABLE LIVING TRUST OF 2008 and THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 Premises Address: 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022 CUMBERLAND County, No. 13-6616-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, service of the complaint by first class mail and ' pos f th Mortgaged premises. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very s, ona tkowicz, Esq., Id. No.208786 Attoi for Plaintiff 816927 Name and Address Of Sender Phelan Mailman, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 BSD Line Article Number Name of Addressee, Street, and Post Office Address GARY SMITH, in his capac'ty as Executor of the Estate of MICHAEL P. ENGELS 6577 WILLOWBOTTOM RD HICKORY, NC 28602-9279 2 MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS 134 BRER FOX TRL TROUTMAN, NC 28166-7613 l'HE ENGLES REVOCABLE LIVING TRUST OF 2008 1512 CHATHAM ROAD CAMP HILL, PA 17011-6022 4 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 1512 CHATHAM ROAD CAMP HILL, PA 17011-6022 MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS 1512 CHATHAM ROAD CAMP HILL, PA 17011-6022 RE: GARY SMITH (CUMBERLAND) 4 PH # 816927/1021 Page 1 of 1 $2.35 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster. Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registard mail. The maximum indemnity payable for the reconstruction of normegotiable documents under Express Mail document reconstruction insurance is 550,000 per piece subject to a limit of S500,003 per ocaur•rice. The maximum indemnity payable on Express Ma merchandise is $500. The maximum indemnity payable is $25000 Ar registered mail, sent with °micas! insurance. See Domestic Mail Manual R900 S9I3 and $921 for limitations of coverage. Form 3877 Facsimile IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff VS. GARY small, in his capacity as Executor of the Estate of MICHAEL P. ENGELS MARY DIANNE ENGLES, in her capacity as Trustee of the ENGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS THE ENGLES REVOCABLE LIVING TRUST OF 2008 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 13-6616-CIVIL C) 7,-„, M 0:7 3C 71 1.... ......, r-- , z ,.... , (-7,6 r--- ORDER AND NOW, this day of 61, 2014, upon consideration of Plaintiffs motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED, that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriffs Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C)*, on the above captioned Defendants, MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS, THE ENGLES REVOCABLE LIVING TRUST OF 2008 and THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008, by: 1. Posting of the premises: 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022 by the Sheriff or a non-party competent adult; and PH # 816927/NRU 2. First class mail to MARY DIANNE ENGLES, in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS, THE ENGLES REVOCABLE LIVING TRUST OF 2008, and THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 at the mortgaged premises located at 1512 CHATHAM ROAD, CAMP HILL, PA 17011 -6022; and to MARY DIANNE ENGLES, , in her capacity as Trustee of the NEGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS, at 134 BRER FOX TRL, TROUTMAN, NC 28166 -7613. Service by mail is complete upon the date of mailing. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to ensure compliance with this Court Order. *Prior to fulfilling the requirements of service of Notice of Sale as set forth in this Order, Plaintiff must first attempt service as set forth in Pa.RCP. 3129.2(c)(1)(i) (A) or (B). In the event this attempted service is not successful, Plaintiff may proceed with service of the Notice of Sale in conformity with this Order. Cc:MARY DIANNE ENGLES THE ENGLES REVOCABLE LIVING TRUST OF 2008 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 1512 CHATHAM ROAD, CAMP HILL, PA 17011 -6022 MARY DIANNE ENGLES 134 BRER FOX TRL TROUTMAN, NC 28166 -7613 CO inx1 tt Y J �l /iY PH # 816927/NRU PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Ceriter Plaza Philadelphia, PA 19103 Jonathan.Lobb@Phelanhallinan.com 215-563-7000 WELLS FARGO BANK: N.A. Plaintiff VS. Ck,V3ERLAY,0 V'EMISY1\11\141A, GARY SMITH, in his capacity as Executor of the Estate of MICHAEL P. ENGELS MARY DIANNE ENGLES, in her capacity as Trustee of the ENGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS THE ENGLES REVOCABLE LIVING TRUST OF 2008 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 . Defendants : COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 13-6616-CIVIL . . PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE ..TUTHE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above Captioned matter. By: Date: /paw, Svc Dept. File# 816927 PHELAN HALLIAN, LLP Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff • Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 john.krohn @phelanhallinan.com 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff VS. GARY SMITH, in his capacity as Executor of the Estate of MICHAEL P. ENGELS MARY DIANNE ENGLES, in her capacity as Trustee of the ENGLES REVOCABLE LIVING TRUST OF 2008 and Devisee of the Estate of MICHAEL P. ENGELS THE ENGLES REVOCABLE LIVING TRUST OF 2008 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 Defendant(s) ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 13-6616-CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail and, to the following persons, MARY DIANNE ENGLES at 134 BRER FOX TRL, TROUTMAN, NC 28166-7613 as well as 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022, THE ENGLES REVOCABLE LIVING TRUST OF 2008 at 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022 as well as 134 BRER FOX TRL, TROUTMAN, NC 28166-7613 and THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 at 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022 on April 3, 2014, in accordance with the Order of Court dated March 14, 2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan, LLP DA.1E: By: John D. o Esq., Id. No. 2244 Attorney fo Plaintiff Phelan Hallinan, LLP F9!_ED- OFFICE AFFIDAVIT OF SERVICE — CUMBERLAND PavVHE PROTHONOTARY PLEASE POST BY: 04 /26/2014 2014 APR 25 kf PLAINTIFF COUNTY: COURT CUMBERLAND,— Uf'iBER AND COUNTY PENNSYLVANIA NO. 13- 6616 -CIV WELLS FARGO BANK, N.A. DEFENDANT MARY DIANNE ENGLES TYPE OF ACTION XX Mortgage Foreclosure SERVE AT: Eviction 1512 CHATHAM ROAD, CAMP HILL, PA 17011- XX Civil Action 6022 Complaint on Promissory Note ** *PLEASE POST THE PROPERTY * ** * * *IN ACCORDANCE WITH THE* * * ** ** *ATTACHED COURT ORDER * ** * ** Served Posted and made known MpRY DIANNE ENGLES, Defendant on the 10 day of 4PP ( L , 20 14 at (0:4-5 o'clock, 11 . M., at 1512 CHATHAM ROAD, CAMP HILL, PA 17011 -6022, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name /relationship. Manager /Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. V Other: 'PE S'Ifp'rk' 'QtQt1 90411 • Description: Age Height Weight Race Sex Other Ronald Moll , a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. I understand that this "'Sta'teinbrit!i's' made subject to the penalties of 18 Pa. C.S. Sec. 4904 r: alto unsworn fal tc. '. to a Zi,rities. DATE: NAME: PRINTED NAME: Process Server TITLE: NOT SERVED On the day of , 20 , at o'clock — M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _Moved _Does Not Reside (Not Vacant) _ No Answer on at Service Refused Other: PH # 816927 at FILED - OFFICE AFFIDAVIT OF SERVICE — CUMBERLANI J s HE PROTHONOTARY PLEASE POST BY: 04/26/2014 2Q 14 APR 25` AH I D 1 PLALNTIFF COUNTY: COURT CUMBERLAND CUMBERLAND COUNTY NO. 13- 6616- CIVfNNSYLVANIA WELLS FARGO BANK, N.A. DEFENDANT THE ENGLES REVOCABLE LIVING TRUST OF TYPE OF ACTION 2008 XX Mortgage Foreclosure Eviction SERVE AT: XX Civil Action 1512 CHATHAM ROAD, CAMP HILL, PA 17011- Complaint on Promissory Note 6022 ** *PLEASE POST THE PROPERTY * ** * * *IN ACCORDANCE WITH THE * * * ** ** *ATTACHED COURT ORDER * * * * ** Served Posted and made known THE ENGLES REVOCABLE LIVING. TRUST OF 2008, Defendant on the 3 R� day of A-�/.1 20 12. at X:10 o'clock, 4 . M., at 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name /relationship. Manager /Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. V Other: Description: Age Height Weight Race Sex Other I, Ronald Moll , a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the caption se on the date and the address indicated above. I understand that this ]''-stiltetnenris made subject to the penalties of 18 Pa. C.S. Sec. 4904 relatin : to nsworn f. s' + to a , . •ties. DATE: NAME: PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the day of , 20 , at o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at , at Service Refused Other: PH # 816927 FILED-OFFiCE AFFIDAVIT OF SERVICE — CUMBERLAND . c THE PROTHONOTARY PLEASE POST BY: 04/26/2014 2 0 1 1 1 9 'f:l it [] PLAINTIFF COUNTY: COURT CUMBERLAND CUMBERLAND PN YD COU COUNTY 6 -VIL NO. 13 -661CI WELLS FARGO BANK, N.A. DEFENDANT THE UNKNOWN BENEFICIARIES OF THE TYPE OF ACTION ENGLES REVOCABLE LIVING TRUST OF 2008 XX Mortgage Foreclosure Eviction SERVE AT: XX Civil Action 1512 CHATHAM ROAD, CAMP HILL, PA 17011- Complaint on Promissory Note 6022 ** *PLEASE POST THE PROPERTY * ** * * *IN ACCORDANCE WITH THE * * * ** ** *ATTACHED COURT ORDER * * * * ** Served Posted and made known THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008, Defendant on the 3RO day of A I2. l L , 20 at g 1-0 o'clock, 4 . M., at 1512 CHATHAM ROAD, CAMP HILL, PA 17011 -6022, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name /relationship. Manager /Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. Other: prIST D 3Q0 PEA ri Description: Age Height Weight Race Sex Other I Ronald Moll , a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the caption . ase on the date and the address indicated above. I understand that this statement'is-made subject to the penalties of 18 Pa. C.S. Sec. 4904 rela n to nsworn falsi ij . io au „ 'ties. DATE: 4 ' NAME: PRINTED NAME: Ronald Moll Process Server TITLE: NOT SERVED On the _ day of , 20 , at o'clock — M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at , at Service Refused Other: PH # 816927 22O AFFIDAVIT OF SERVICE — CUMBERLAND jSC PLEASE POST EY: 04/26/2014 PLAINTIFF COUNTY: COURT CUMBERLAND NO. .13-6616-CIVIL. WELLS FARGO BANK, N.A. DEFENDANT, THE ENGLES REVOCABLE LIVING TRUST OF TYPE OF ACTION 2008 XX Mortgage Foreclosure Eviction SERVE AT: XX Civil Action 1512 CHATHAM ROAD, CAMP HILL, PA 17011- Complaint on Promissory Note 6022 ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Pcisteckand made known THE ENGLES REVOCABLE LIVING TRUST OF 2008, Defendant on the —2 L...1 day of A-PP L It 0 20-1*: , .. ... ..... at . X: 2.0 o'clock, 4-. M., at 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022, in the manner described below: Defendant personally served. Adult family inemberwitly whom Defendant(s) reside(s). Relationship is . . Adult in charge of Defendant's iresidence-who refused to give name/relationship. • Manager/Clerk of Place of.lodging.in. which .Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company; TV . Other: --,___212S/41-1411L2t Description: Age.. _ Height . . Weight . Race Sex Other I,, . . Ronald Moll a competent adult, being duly sworn according to law, depose and state.that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the'nptior ' on the date and the address indicated above I understand that this ' statement is ma4c subject to the penalties of 18 Pa.,C.S. Sec. 4904 relatin to nsworn t . .t(Y. 'ties.:: DATE: NAME: PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED. On the day of ;20 , at o'clock M,, Defendant NOT FOUND because: Vacant Does Not Exist Moved Does Not Reside (Not Vacant) No Answer on. Service Refused Other PH # 816927 C. rn - CYT CD —1-i PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 WELLS FARGO BANK, N.A. vs. "..0-OF,w_ 0 ONO 1314 AUG OUHBRRL P` NNSY� A ,IA COUNTY GARY SMITH, in his capacity as Executor of the Estate of MICHAEL P. ENGELS MARY DIANNE ENGLES, in her capacity as Trustee of the Engles Revocable Living Trust of 2008 and Devisee of the Estate of Michael P. Engels THE ENGLES REVOCABLE LIVING TRUST OF 2008 THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -6616 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant GARY SMITH, in his capacity as Executor of the Estate of MICHAEL P. ENGELS is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that the defendant MARY DIANNE ENGLES, in her capacity as Trustee of the Engles Revocable Living Trust of 2008 and Devisee of the Estate of Michael P. Engels is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (c) that the defendant THE ENGLES REVOCABLE LIVING TRUST OF 2008's Social Security Number is not a living person and thus THE ENGLES REVOCABLE LIVING TRUST OF 2008 cannot be in the military service. 816927 (d) that the defendant THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008's Social Security Number is not available because she is not the borrower on the loan, and thus, we are unable to determine whether or not THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 is in military service. (e) that defendant GARY SMITH, in his capacity as Executor of the Estate of MICHAEL P. ENGELS is over 18 years of age and has last known addresses at 6577 WILLOWBOTTOM ROAD, HICKORY, NC 28602-9279 and 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022. (f) that defendant MARY DIANNE ENGLES, in her capacity as Trustee of the Engles Revocable Living Trust of 2008 and Devisee of the Estate of Michael P. Engels is over 18 years of age and has last known addresses at 134 BRER FOX TRL, TROUTMAN, NC 28166-7613 and 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022. (g) that defendant THE ENGLES REVOCABLE LIVING TRUST OF 2008 is has a place of business at 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022. (h) that the Plaintiff is without sufficient information to determine whether the defendant THE UNKNOWN BENEFICIARIES OF THE ENGLES REVOCABLE LIVING TRUST OF 2008 is over 18 years of age and resides at 1512 CHATHAM ROAD, CAMP HILL, PA 17011-6022. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Pl1it P n Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 816927 Department of Defense Manpower Data Center Status Report Pursuant to Servicememl ers Civil Relief Act Last Name: SMITH First Name: GARY Middle Name: Active Duty Status As Of: Aug -25-2014 Results as of : Aug -25-2014 11:20:45 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .6'\'. i' . _: ;: :: -_„ " ` No N. NA This response reflectsXthe individuals active duty sinus based o the Active Duty Status Date Left Active Duly Within 367 Days of Active Duty Status Date Active Duty Start Dale Active Duly End Dale Status Service Component NA fi, . ;NA . - w `' No -.• i NA This response reflects where tha individual leftctfve duty status within` 367 days preceding the Active Duty Status Dale The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA . iii. ... No NA This response reflects whether ttie individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed,Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Status Report tat to Servicemembers Civil Relief Act Last Name: ENGLES First Name: MARY Middle Name: D Active Duty Status As Of: Aug -25-2014 Results as of : Aug -25-2014 11:20:47 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .11' t 'kms•.) —"--- No . NA This response reflects v here the individual left active duty status within 367 days preceding the Active Duty Status Date This response reflects the indiVidtials active duty status based o the Active Duty Status Date t Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Dale Status Service Component NA ii � I, :: NA - ,..,. _ . , - - No 7, \ .1 NA This response reflects v here the individual left active duty status within 367 days preceding the Active Duty Status Date 11, The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duly on Active Duty Status Dale Order Notification Start Date Order Notification End Date Status Service Component NA _ NA . -- - - e.` <No 1 ' ' �.# NA This response reflects whether the individual di -his/her unit has received earty.notlfication toreport for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the' information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center r Stats s Report at to Servic Last Name: ENGELS First Name: MICHAEL Middle Name: P Active Duty Status As Of: Aug -25-2014 Civil. Relief Act Results as of : Aug -25-2014 11:20:49 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Statusy Service Component NA NA ,I ' ., ° .,._ -. —. . r Nc r. NA This response reflects the individualsactive duty status based o the Active Duty Status Date t Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA ' . NA . .. -.. . �, .-...,.. -. `No;r NA This response reflects mere the individual left active duty stalus vrltAl-ifays preceding the Ace Ciuty Status Date jI. The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA . NA �' Y..;No''{r- „�" NA This response reflects whether the individual of His/her unit has received.:eady.n titicafion to report for active duty - Upon searching the data banks of the Department of Defense Manpower Data.Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed, Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350